STATE OF RAJASTHAN Vs. D.N.VYAS

JUDGEMENT

(1.) THESE appeals witness a challenge to the judgment and order dated 23 r d September, 2011 rendered in SBCWP Nos.10690/2010, 3767/2010, 3171/2010 and 4032/2011 declaring the respondents herein to be entitled to receive pensionary benefits in essence by treating their lien to be continuing with the appellant State upto the date of their permanent absorption with the Paschimi Rajasthan Dugdha Utpadak Sangh (for short hereinafter referred to as "the Dairy"). Out of the three respondents involved, one of them i.e. Dr.P.D.Purohit approached the Rajasthan Civil Services Appellate Tribunal (for short hereinafter referred to as "the Tribunal"). The decisions impugned in the instant appeals have been rendered separately but on the same date and are based on determination made in SBCWP No.3767/2010 "Dr.P.D.Purohit vs. State of Rajasthan" decided on 23.9.2011.

(2.) WE have heard learned counsel for the parties.

(3.) THEY were subsequent thereto selected by the Rajasthan Public Service Commission (for short hereinafter referred to as "the Commission") and on successful completion of their period of probation, they were confirmed in the said post on different dates. They were sent on deputation to the Dairy thereafter and continued as such therein. By order dated 2.7.1988 of the Deputy Secretary of the Department, the lien of respondents Dr.P.D.Purohit and Dr.D.N.Vyas in the parent department was terminated on 1.9.1976 and 1.12.1976 respectively. By a separate order, the lien of Dr.Shanti Prakash Mathur was terminated on and from 1.2.1981. About two years thereafter, the Director, Administration, of the Dairy by order dated 6.2.1990 acting on the one dated 2.7.1988 referred to hereinabove also terminated the lien of Dr.P.D.Purohit and Dr.D.N.Vyas with effect from 1.9.1976 and 1.12.1976 respectively. By the same order, they were absorbed in the services of the Dairy with effect from the said dates. The records reveal that subsequent thereto, by communication dated 21.1.1994 on the termination of their lien, they were absorbed in the services of the Dairy with effect from 22.1.1994/24.1.1994.